. /.   WORLD TRADE  
ORGANIZATION  G/SG/Q1/ALB/1 
9 April 2008 
 (08-1593) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT 
 
Questions Posed by the UNITED STATES
  
Regarding the Notification of ALBANIA1 
 
 
 The following communication, dated 7 April 2008, is being circulated at the request of the Delegation of the United States.    
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  The United States thanks the representative from Albania for notifying its legislation 
regarding safeguards, Law No. 9790 "On Pr otective Measures on Imports" (hereinafter  Law), and 
poses the following questions.   
 
Question 1 
 
As a general matter, the Englis h translation of the Albanian Law circulated uses different 
terms than the official English text of the WTO Safeguards Agreement to reflect standards in the 
WTO Agreement.  For example, the Albanian Law refers to imports in "big" quantities rather than 
imports in "increased" quantities.  The Albanian Law also uses the term "similar" instead of "like";  in 
ordinary English usage, the word "similar" conveys a meaning closer to "directly competitive" than to 
"like".  The Albanian Law also appears to use the terms "injury"  and "serious injury" interchangeably, 
which might convey the notion of a lesser level of in jury in instances in which the modifier "serious" 
is not used.  Please clarify whether these are translat ion issues or reflect substantive differences.   
 
Question 2 
 
Articles 4, 5 and 6 of the  Law  express the composition, fu nction and powers of the 
Commission for evaluating the measures on imports (Commission).  Would Albania please describe 
how the voting process will function among Commission Members when considering whether or not 
to implement a safeguard measure?    
Question 3  
 
Article 11 of the Law provides for "surveillance"  of imports, which appears to involve the 
withholding of imports from release for 5 days after entry, if the imports threaten to cause injury to 
Albanian producers.  The release appears to be conditioned on the imports meeting a certain minimum 
price.  Please explain in greater detail how th is surveillance system would work, and please also 
indicate how it would be consistent with Albania's WTO obligations.    
                                                     
 
1 G/SG/N/1/ALB/2.   G/SG/Q1/ALB/1 
Page 2  
 
  Question 4  
 
Article 13(1)(b) of the Law states that upon institution of a safeguards investigation, the 
Ministry "makes public notification in the Official Jo urnal and in a newspaper with big circulation in 
the Republic of Albania".  Please advise as to whet her the Official Journal is available online and if 
so, please provide its internet address.   
 
Question 5  
 
Article 17 of the  Law  states that the Ministry provides the Commission with a final report, as 
well as proposals with regard to potential implementation of a safeguard measure.  Please indicate if 
Commission Members must adopt one of the proposals put forth by the Ministry or if the Commission is authorized to implement its own safeguard remedy.    
Question 6  
 
Article 18 of the Law appears to allow for the applicati on of provisional safeguard measures 
of the type permitted under Article 6 of the WTO Safeguards Agreement.  Perhaps for translation 
reasons, Article 18 of the Law does not appear to follow the re quirements of Article 6 of the 
WTO Agreement.  For example, Article 18 appears to use the terms "injury" and "serious injury" 
interchangeably, and uses the term "clear preliminar y data" in lieu of the WTO Agreement term "clear 
evidence".  Please clarify whether these are transla tion issues or reflect substantive differences.  
Please explain how Article 18 would be administered, including the name of the government official or agency that would determine whether the requisite in jury exists and, if so, decide the amount of fee 
increase.    Question 7  
 
Article 19 a) of the Law provides for safeguard measures in the form of additional customs 
duties.  It also provides for the collection of add itional customs duties "as security".  Please explain 
how this Article of the Law would be implemented and administered.  What is meant by "security", 
and how this provision is cons istent with Albania's obliga tions under the WTO Safeguards 
Agreement.   
   
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